Mode of Trial of Offences Both Indictable and Summary
| Published date | 01 July 1940 |
| Date | 01 July 1940 |
| DOI | http://doi.org/10.1177/002201834000400312 |
| Subject Matter | Mode of Trial of Offences Both Indictable and Summary |
Mode
of
trial
of·
Offences
both
Indictable
and
Summary
[EDITOR'S
NOTE.-
The
following article is a
rejoinder
to Offences
under the Defence Regulations.. Mode
of
Trial,
printed
in Vol.
III
of
this
Journal at page 592,
opposing
the
opinion
therein
expressed.
Our
readers
will no
doubt
decide for themselves which view to
accept. We
subjoin
our
comments
at
the
end
of
this article.]
In
an article concerning
the
mode of trial of offences
under
the
Defence Regulations, at page 592
of
the
previous
volume,
the
opinion was expressed
that
"where
the
question
of
summary
trial
or
trial on indictment is open it is for
the
court
to decide
what
method
shall be
adopted".
Many
statutes
of
recent years have created offences which are
punishable
both
on
indictment
and
on
summary
conviction ;
examples are dangerous driving, bankruptcy offences,
and
offences against section I
of
the
Children
and
Young Persons
Act, 1933.
The
point, therefore, is
of
general importance
apart
from
the
particular instance
of
the
Defence Regulations.
While it could
not
be
disputed
that
the
prosecution
should pay heed to
any
view expressed by
the
bench
as to
the
appropriate
court
to deal
with
such
an offence, it seems
arguable
that
the
last
word
nevertheless remains
with
the
prosecution.
One
may arrive at
this
conclusion by several
routes, according to
the
stage
of
the
proceedings at which
the
question arises.
All criminal proceedings before magistrates commence
with
an information being
laid;
in
the
case of an arrest
without
warrant
this
mav be
more
theoretical
than
actual,
but
the
defendant is always entitled, if he insists. to a
summons
"stating shortly
the
matter
of
the
information
".
An informa-
tion in
the
case
of
a
summary
offence is laid
under
and
is
344
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